1. ?UDE3~SU .0000 1227 291b
      2. Wigbt & Co.Division File
REC~V~D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKS
OFFICE
ILLINOIS STATE TOLL HIGHWAY
)
APR
072004
AUTHORITY (Des Plaines Oasis South)
)
STATE
OF ILLINOIS
)
Pollution
Control Board
Petitioner,
)
)
v.
.)
PCB-04-119
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Renee Cipriano, Director
John Kim, Esq.
Illinois Environmental Protection Agency
Special Assistant Attorney General
1021 North Grand Avenue East
Illinois Environmental Protection Agency
P.O. Box 19276
1021 North Grand Avenue East
Springfield,IL
62794
P.O. Box
19276
Springfield, IL
62794
PLEASE TAKE NOTICE that on April
~,
2004 we filed with the Clerk ofthe Illinois
Pollution
Control
Board
the
originals
and
nine
(9)
copies
each,
via personal
delivery, of
1)
Appearance
of Deutsch,
Levy
&
Engel,
Chartered
and
2) PetitiOn
for
Review of Agency
Rejection ofHigh Priority Corrective Action Completion Report for Des Plaines Oasis South
for filing the above-entitled cause, copies ofwhich are attached hereto.
Keimeth W. Funk
Special Assistant Atto~eyGeneral
-
176084.1
•
RECEWED
CLERK’S
OFFICE
APR 072004
CERTIFICATE OF SERVICE
The undersignedhereby certifiesthat true and correct copiesofthe NoticeofFiling,together
-with copies ofthe documents described above, were served upon the above-named Respondent by
enclosing same in envelope addressed to said Respondent, certified mail, return receipt requested,
and by depositing said envelopes in a U.S.
Post Office Mail Box at Chicago, Illinois, with postage
fully prepaid on the
~
day ofApril,
2004.
Kenneth W. Funk!
Special Assistant Att~rney
General
Kenneth W. Funk, Esq.
•
Phillip J. Zisook,
Esq.
Karen Kavanagh Mack,Esq.
Special Assistant Attorneys General
Deutsch, Levy &
Engel, Chtd.
225
W. Washington Street, Suite
1700
Chicago, IL
60606
(312) 346-1460
THIS FILING IS SUBMITTED ON RECYCLED PAPER
-
176084.1
RECEØVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
072804
ILLINOIS STATE TOLL HIGHWAY
)
STATE OF ILLINOIS
AUTHORITY (Des Pilaines Oasis South),
)
PoHut~onControl
Board
)
Petitioner,
)
)
v.
•
)
PCB-04-119
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
APPEARANCE
I, Kenneth W.
Funk, hereby file the appearance ofDeutsch, Levy & Engel, Chartered in
this proceeding on behalfofthe Illinois State Toll Highway Authority.
~f~1~r
~4_
‘~-~
Kenneth W. Funk
Special Assistant Attorne~General
Kenneth W.
Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack, Esq.
Special Assistant Attorneys General
Deutsch, Levy &
Engel, Chtd.
225
W. Washington Street
Suite 1700
Chicago, IL
60606
(312) 346-1460
-
176084.1
•
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
ILLINOIS STATE TOLL HIGHWAY
)
APR 072004
AUTHORITY (Des Plaines Oasis South),
)
STATE OF
ILLINOIS
)
Pollution Control Board
Petitioner,
)
)
v.
)
PCB-04-119
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
OF AGENCY REJECTION OF HIGH
PRIORITY
CORRECTIVE ACTION COMPLETION REPORT
Petitioner, the Illinois State Toll Highway Authority (“ISTHA”) by its attorneys, Kenneth
W. Funk, Phillip
J. Zisook, and Karen Kavanagh Mack, as Special Assistant Attorneys General,
petitions the Illinois Pollution Control
Board, pursuant to 415
ILCS
5/57.7(c)(4)(D)
and 415
ICLS
5/40, for review ofthe final determination ofRespondent, the Illinois
Environmental
Protection Agency (the “Agency”), with respect to Petitioner’s High Priority Corrective Action
Completion Report dated on or about December 4, 2003
relating to its Des Plaines Oasis
South
facility, and in
support thereof, states:
1.
ISTHA is the owner ofthe facility, including underground storage tanks and
related piping, commonly known as the Des Plaines Oasis
South located on the 1-90 Toliway
(East Bound), in Des Plaines, Illinois.
2.
In 1994,
Wight and Company,
on ISTHA’s behalf, notified the IEMA that
gasoline, diesel and waste oil target analytes were detected above the Tier I Remediation
Objectives, to which the IEMA assigned Incident No. 94-1812.
-
176084.1
3.
On or about August 2002, Wight and Company,
on ISTHA’s behalf, notified the
IEMA that soil and excavation water contained concentrations oftarget analytes above the Tier I
Remediation Objectives, to which the IEMA assigned Incident No. 2002-12 10, which was
considered a re-reporting ofIncident No. 94-1812, since the release was reported during the
removal ofthe existing tank system associated with Incident No. 94-1812.
4.
On or about August 4,
2003, ISTHA submitted a Combined High Priority
Corrective Action Plan, Budget and Completion Report (“Report”) to
the Agency; and, on or
about December 4,
2003, the Agency
responded by rejecting the Report.
A true
and complete
copy ofthat rejection is attached hereto as Exhibit “A”.
5.
On or about December
15, 2003, ISTHA contacted the Agency by letter,
and
advised the Agency that it contested the Agency’s rejection and requested a 90 day extension of
the 35
day
appeal period pursuant to
§40 ofthe Environmental Protection Act.
(415 ILCS
5/40(a)(
1).)
6.
On or about January 7, 2004, the Agency filed a request before the Board
requesting a 90 day
extension ofthe 35
day appeal period.
7.
On or about January 22, 2004, the Board granted the Agency’s request and
extended the period withinwhich Petitioner may file its
appeal through and including
April 7,
2004.
8.
ISTHA requests that the Board reverse the Agency’s determination to
reject the
Des Plaines South High Priority Corrective Action Completion Report, because
inter alia,
the
Report was completed in accordance with the requirements of Title XVI of the Act and
complied
with 35 Ill. Adm. Code 73 2.409(c).
2
-
176084.1
9.
The Des Plaines Oasis
South has been remediated to a level which is protective of
human health
and the environment and complies with, but does not exceed,
the minimum
necessary requirements ofthe Act and the regulations promulgated thereunder.
10.
In particular response to the Agency’s assertion that no
site map or copy of“Table
11
for Appendix
B” were
attached
to
the report, ISTHA has subsequently provided both to
the
Agency.
11.
Although the Agency found that “the concentration of naphthalene in sample TR9
exceeded the construction worker inhalation objectives”, the surface above the location of TR9 is
comprised
of approximately
seven inches of concrete.
Therefore, there is
no
exposure
pathway
between the naphthalene detected at TR9 and any construction workers.
12.
ISTHA reserves the right to present additional grounds for reversal ofthe Agency’s
final determination, as they appear during the course ofthis
Appeal.
3
-
176084.1
WHEREFORE,
the
Petitioner, The
Illinois
State
Toll
Highway Authority, respectfully
requests that this Board grant a hearing in this matter and reverse the Agency’s December
4, 2003
rejection ofISTHA’sHigh Priority Corrective Action CompletionReport forthe Des Plaines Oasis
South
and
remand
this
matter to
the Agency
with
instructions
to
approve
the Amendthent
as
aforesaid, and
for any other relief as the Board deems just and
appropriate.
Respectfully submitted,
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
One of their att~rneys
Kenneth W. Funk, Esq.
Phillip J. Zisook,
Esq.
Karen Kavanagh Mack,Esq.
Special Assistant Attorneys General
•
Deutsch, Levy &
Engel, Chtd.
•
225
W. Washington Street, Suite 1700
Chicago, IL
60606
(312) 346-146
4
-
176084.1
630 969 7520;
Dec-8-03
6:51PM;
Page 2/4
it
By:
Ter’a Byte,Ltd.,
ILLINOiS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
No~tm
~3RAND
AVENUE
EAST,
P.O. Box
19276..
S?~m.~cF1w,
twNoIs.
62794-9276,217-782-3~397
JAMES
R. THo~~soN
CENTER,
100 W~n
RAt4oOtP~.I.Surr~
11-300,
CHK~Aeo,
11.60601,312-8146026
ROD R.
BLAOOJEvICII,
Gov~oR
R~NEE
CIPRIANO,
DIRECTOR
217/782-6762
DEC 04
21Q3
illinois State
Toll
Highway Authority
Attn
John Wagner
2700 Ogden Avenue
Downers Grove, IL
60515
Re:
LPC 4~03
10635373
—
Cook County
Des Flames/Des
Flames Oasis (Des
Plamvs
South)
Northwest
Tollway (1-90)’ East Bound,
Mile
Post
4.5
LUST
Incident
No. 941812 & 20021210
LUST
Technical
Pile
•
MAIL
?UDE3~SU
.0000
1227
291b
‘~
~
—
1
F
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,.,‘.
‘.•
•1
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—a
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The
Illinois Environmental Protection
Agency (Illinois EPA) has reviewed the High
Priority
Corrective
Action Completion Report (report)
for the above-referenced incident.
The report was
dated
August 4,
2003 and
was received by
the
illinois EPA
on August 7,
2003.
Citations in this
letter are from the Environmental Protection Act (Act)
and
35
illinois Administrative
Code
(35
ill, Adm. Code).
•
•
•
.
Pursuant
to
57.7
(cX4XD) of the Act and
35111.
Adni.
Code
732,409(c)
and
732.503(b)~
thereport
is
rejected
for the following reasons:
1)
A site
map
must be submitted ~1owing the cufrent she layout
and
the
areas
to
be
~ddresscd
by
the
en~inceredbarrier
andthc construction
worker safety
plan.
•2)
A copy ofTable
11
for Appendix
B
(soil
samples
from the
dispenser
area) must be
submitted.
3)
The
concentration
of
naphthalene
in
sample
TR9 exceeds the construction
worker
inhalation rernediatIon
objective.
The development
of
Tier 2 remediation objectives or
the use of a
construction
worker safety plan may be
appropriate.
Pursuant to 35111. Adm. Code 732.401, a
CorrectiveAction
Completion
Report
mu6t be
submitted by
March
1,
2004
to:
-
4~02North Main$tr~~et,
Rockfos~,it
6i1o3
—~8
ELC,H
—
595 &~~th
~
Elgin,
II.
60123—
8JvW~uc’~
L,~u
-
-7620 N.
tJni~emity
St.,
Peo~Ja,
IL 616l4~
-
45u0
S. SIxth Sreet 1W,,
Spnn8fi*ki,
IL 62706-
MA$t10U—2309W.F~
ii
W.
Harr~0ri St, D~s
PL~ine~,
H. 60016— (84?)
294-4000
8ver~ity
St., Ftuda,
It.
61614—
(309) 693-5463
21 Z5
South fb’~t
Street, Champ~igti,
II. 61820—
(217)
278-5800
2009
MaU Sreet, Colflnsvitle,
IL 62234 —(618)
346.5120
—
(61e1
993-7200
•
.
•
.
Dear Mr. Wagner:
EXHIBIT
1
A
nt By: Tere Byte,L~d.
630 969
7520;
Dec-8-03
6:51PM;
PFlge
314
\
Page2
•
Illinois Ei
vironmental P
otection
Agency
•
.
.
Bureau
ofLand
-
#24
•
•
••
.
•
Leaking Underground
Storage
Tank
Section
1021
North
Grand
Avenue East
Post
Office
Box 19276
Springfield,
IL
62794-9276
Please submit all
correspondence in
duplicate
and
includetheRe: block at the
beginning
ofthis
letter.
An
underground
storage
tank
system owner
or operator
may appeal this
decision
to the
illinois
PollutionControl
Board.
Appeal
rights are attached.
If
you
have
any questions or need further
assistance,
please contact the Illinois
EPA
project
manager. Steve
Jones,
at 217/524—1253.
Sincerely,
.
•
~
4,
,4~zMs~
Hernando
A.
Albarracin
Unit
Manager
Leaking Underground
Storage
Tank
Section
Division of
Remediation
Management
Bureau ofLand
HAA:SJ~?STHA
Des
Flames
South Oasis 941812 & 20021210
CACR.doc
Atiachments:
Appeal Rights
Wigbt & Co.
Division File
p.
it
By: Tera Byte,Ltd.;
630 969 7520;
Dec-8-03
6:51PM;
Page
414
/
Appeal
Rights
An underground storagetank
owner or
operator may’appeal this fiSal
decision
to the
illinois
Pollution
Control
Board pursuanttoSectIons 40 and
57.7(cX4)(D):of4ie
Actb
filing
apetition
• for a
hearing within
35
days
afterthe
date
ofissuance of thefinal ‘decision.
However, the
,3~-day
period maybe extended
for
aperiod
of
time
not to
exceed 9Odays by written notice from the
owner
oroperator and the illinois EPAwithin the initial 3S.dayappeal period.
If the
owner
or
operator
wishes
to
receive
a 90-day extension, a written.requestthat includes a statement
ofthe
datethe final
decision was received, along with a copy
of
this
decision, must be
sent to the
illinois EPA
a
soon aspossible.
For
information regarding
the filing ofan appeal, please contact;
Dorothy
Gunn, CleEk
•
Illinois PollutionControl Board
State ofIllinois Center
100 West Randolph. Suite
11-500
Chicago,
IL
60601
312/814-3620
For
infomiation
regarding the filing
of
an extension, please Contact
illinois
Environmental PrOtection Agency
Division of
Legal
Counsel
1021 North
Grand
Avenue East
Post
Office
Box 19276.
Springtleld, IL
62794-9276
217/782-5544

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